Date:
10/18/2018
Subject:
William Meyer/Lone Grove City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: William Meyer, Complainant And Concerning: Lone Grove City Council, Respondent |
Case Number: 18FC:0056 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Dismiss.
William Meyer filed complaint 18FC:0056 with the IPIB on July 11, 2018. He alleged that the Lone Grove City Council (Council) violated Iowa Code chapter 21 by meeting in closed session and not allowing his friend to attend at a meeting on June 27, 2018.
He stated: “I attended the special city council meeting with a friend. I arrived prior to the meeting start time. I was informed that the friend was not on the agenda and was not allowed to attend the meeting. (Y)ou were informed that only I and my attorney would be allowed to attend the meeting by Mayor Ronda Ellis. The public notice of the meeting does not state that the meeting would be closed session and there was no vote to go into closed session.”
The special meeting was scheduled at the request of Mr. Meyer to ask for a discussion of a notice he received requiring that he clean his property.
The Mayor responded to the complaint and provided copies of the agenda and minutes of the meeting. She stated that a closed session was not held. The agenda and minutes appeared proper and did not include a closed session. She disagreed that any other person appeared with Mr. Meyer and counsel or that anyone was told others could not attend the council meeting.
The attorney for Mr. Meyer was contacted. He was not at the meeting. Mr. Meyer’s friend was contacted. She did not confirm that the stated events occurred.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0056 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on October 18, 2018. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2018, to:
William Meyer
City of Lone Grove